Case law
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Division and case type: Milimani Commercial CourtsCivil Case
…His interest is extinguished. If there were only two joint tenants, the survivor is now seised or possessed of the whole.” Counsel for the plaintiff is of a different view.…
…In my view, the non-survivorship of interest in a joint tenancy on the demise of one of them is the most distinctive feature of joint tenancy. The late Reuben Mutua died on 17.7.2000.…
Division and case type: CivilCivil Appeal
…The taxpayer was therefore obliged to pay both recurrent interest and the once-for-all fees.…
…The fees paid for those securities did not produce this advantage any more than interest paid.…
Division and case type: Constitutional and Human RightsPetition
…He prayed the petitioner to be awarded that sum with interest and costs.…
…Interest in my view is awarded on liquidated amounts from the date of filing. Interest on amounts to be ascertained by court are normally awarded from the date of judgment.…
Division and case type: Milimani Commercial CourtsCivil Case
…(d) What clause of the alleged contract provided for the payment of interest at the rate of 24% per annum? (e) What was the consideration for the advancement of the loan to the Defendant?”…
…(c) Basis of charging interest at the rate of 24% p.a. (d) What was the consideration?” Particulars dated 20th July, 2005 were provided by the Plaintiff as follows:- “ Of paragraph 3.…
Division and case type: Milimani Commercial CourtsCivil Case
…Under cap 281, The Registration of Titles Act section 32 it is therefore ineffectual to pass any interest in land on transfer to the Plaintiff.…
…The head lease is a legal interest in the land. The sub-lease is not. The second objection relates to paragraph 3046 above quoted.…
Division and case type: CivilCivil Appeal
…The interest charged was the usual bank rate. The set-off was irrelevant to a claim based on a note which was the same as cash.…
…He awarded the respondent the costs of the suit together with interest of 12% a year from the date of the judgment until payment in full.…
Division and case type: CivilCivil Appeal
…The defence filed by the state cousel had pleaded a denial of publishing the said words and in the alternative it had pleaded a fair comment made in good faith and without malice upon a matter of public interest.…
…In the circumstances he had, therefore, found that the words complained of were fair comment on a matter of public interest which were honest and free from malice or improper motive.…
Division and case type: CivilCivil Case
…Total Kshs 110,000/- with interest at court rates from the date of judgment until payment in full. 2. 2 nd Plaintiff – Moses Macharia Muya General damages for pain, suffering and loss of amenities Kshs 70,000/- with interest…
…at court rates from the date of judgment until payment in full. 3. 3 rd Plaintiff – Rachel Wanjira Kamau General damages for pain, suffering and loss of amenities Kshs 45,000/- with interest at court rates from the date…
Division and case type: CivilCivil Appeal
…The respondent herein had filed suit in the superior court on 12th April, 1995 against the appellant herein for the recovery of K.Shs. 1,194,330/- together with interest thereon at the rate of 43% per annum from 23rd February…
…The appellant’s position was that there was no agreement between him and the respondent which entitled the respondent to charge any interest on the principal sum and on account of this, the interest claimed by the respondent…
Division and case type: CivilCivil Suit
…The plaintiff however claims that since his interest to the suit property is being threatened by the defendant (see the defendant’s advocate’s letter dated 5.1.89) and the arbitration process does not provide a procedure…
…for protecting such interest pending the determination of the dispute through the process, his only remedy was to file a court action and apply for an interim injunction.…
Division and case type: CivilCivil Case
…indicated that LR 6585/482 was sold for Kshs 35,000 out of the proceeds of sale some Kshs 7,004 was paid as land rent and Kshs 18, 085.95 was claimed by Nyahururu Municipal Council in respect of arrears of Land rent and interest…
…; the Council may waive the interest if the full Council approves the decision of the appropriate Committee further a sum of Kshs 5,689.60 went to costs of trying to sell the security before the case was filled while the…
Division and case type: CivilCivil Appeal
…The interest granted to the respondent in the letter of allotment dated June 25, 1970 was certainly not that of a licensee.…
…In my view the section gives a guide on determining the nature of interest where the letter of allotment has not specified the same.…
Division and case type: CivilCivil Case
…No reply to the amended defence was filed, and by a request for judgement dated 16th June, 1997, the 1st defendant requested for an interlocutory judgement for Kshs.864,220/= general and exemplary damages and costs and interest…
…I am satisfied that she proved her counterclaim on a balance of probabilities and I find judgement for her against the plaintiffs jointly and severally in the sum of Kshs.864,220/= plus costs and interest at court rates.…
Division and case type: Milimani Commercial CourtsCivil Case
…It now claims from the defendant this balance with interest as on the filing of the suit amounting to Kshs 4,162,500, together with interest at court rates until payment in full and costs etc.…
…put the plaintiff in the steps of the company; that the letter of January 7, 1985 (Ex A) was not admissible in evidence because it was written after the transfer; and that it was an unregistered document relating to the interest…
Division and case type: Milimani Commercial CourtsCivil Case
…This was, therefore, an eminently appropriate arrangement meeting the court’s sanction to safeguard her interest having regard to all the circumstances.…
…That such is the court’s duty is also reinforced by section 17 of the Guardianship of Infants Act which provides for the infant’s interest to be the paramount consideration.…
Division and case type: CivilCivil Appeal
…First it may be applied literally: if a judge is in fact a party to the litigation or has a financial or proprietary interest in its outcome then he is indeed sitting as a judge in his own cause.…
…In that case, the mere fact that he is a party to the action or has a financial or proprietary interest in its outcome is sufficient to cause his automatic disqualification.…
Division and case type: CivilCivil Appeal
…Notwithstanding this, and the alleged medical condition, the appellant was retired in the public interest, and not on medical grounds, by a letter dated March 21, 1977, with effect from that date.…
…The letter referred to a memorandum written by his counsel, which I presume, had the effect of translating the situation from one of dismissal without rights to one of retirement in the public interest.…
Division and case type: Constitutional and Human RightsPetition
…The loan was to carry interest at 15% p.a. and in default of any instalment on due date the company would pay interest at 17% on the sum remaining in default.…
…That led to the accrual of interest as agreed in the constant order. By February 1994 total amount owed by the Petitioner is Kshs 6,282,050/10 which is admitted by the company in its letter of February 12, 1994.…
Division and case type: Anti-CorruptionCivil Suit
…From the affidavit evidence before me it is clear that the respondents have an interest and rights over the suit property.…
…They have deponed in their affidavits that Kigotho Kabiru Njuguna (under Kigotho) who the applicants allege is their landlord, has no interest or rights over the property.…
Division and case type: CivilMiscellaneous Application
…In making his application for my disqualification, Mr Deverell, for the applicant, did not suggest that I had any proprietary or pecuniary interest in this litigation or any actual bias against his client.…
…I am satisfied that there was no such danger in the instant case for the following reasons. (1) I have no pecuniary or financial interest in the outcome of the litigation. (2) I have no proprietary interest in the outcome…